Folger v. Roos

The opinion of che Court was delivered by

Bermudez, C. J.

This is a petitory action by the widow and heirs of Antonio Palacio to be recognized as the owners of certain real estate and allowed the rents and revenues thereof from December 26, 1879, when, it is charged, the defendant took wrongful possession.

The main defense is, that the property was acquired by the defendant at a judicial sale, made on that day, which divested Antonio Palacio and passed his title to the defendant.

The plaintiff retorting, charges that the sale in question is a nullity, having been made in furtherance of an order…